”take safety seriously”

Tasmanian politicians recently discussed Industrial Manslaughter laws in Parliament. As with similar debates in other jurisdictions, occupational health and safety (OHS) appears to justify these amendments, but the OHS principle of preventing harm is rarely discussed. Deterrence? Yes, but Prevention? Not really....

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“How can I make my workers safer?”

Most of the Australian occupational health and safety (OHS) regulators have released their calendars of events for October.  There are many invaluable events, especially for those in small- to medium-sized businesses or who have been delegated as “responsible” for OHS in those companies. There are several special events and symposiums for those of working in … Continue reading ““How can I make my workers safer?””

“…the system isn’t broken. It was built this way” – Grenfell Tower and OHS

The inquiry report into the Grenfell Tower fire has yet to be seriously considered from the other side of the world. However, the report is being mentioned in Australia’s emergency services and fire sectors.  The inquiry has been thoroughly followed and analysed in the United Kingdom, and many excellent summaries have been published in newspapers, books, …

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Weaponising Industrial Manslaughter

Prosecution for Industrial Manslaughter in Australia’s occupational health and safety (OHS) is supposed to deter employers from neglecting the health and safety of their workers, but there is very little evidence of effective deterrence from this type of penalty, or improved safety and healthy working conditions.  Industrial manslaughter seems to have more of a marketing and …

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Sentencing and OHS prosecutions but few solutions

Most submissions to the inquiry into Sentencing Occupational Health and Safety Offences in Victoria are now publicly available.  They raise a lot of different issues and some grumbles even though the Sentencing Advisory Council provided some structure to the topics it wanted addressed. A major purpose of any penalty is to deter harmful and damaging actions from being repeated.  …

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Questionable deterrence value in Industrial Manslaughter penalties

New South Wales is the latest Australian jurisdiction to introduce a penalty for Industrial Manslaughter (IM) in its occupational health and safety (OHS) laws. One of the primary aims of significant penalties like IM is to deter others from making similar negligent decisions related to workplace health and safety. But deterrence is a fickle beast....

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“If a tree falls in a forest and no one is around to hear it, does it make a sound?”

Victoria’s Sentencing Advisory Council is conducting a public inquiry into sentencing and penalties for breaches of occupational health and safety (OHS). Public hearings are continuing, and the inquiry is receiving some well-deserved media attention. ABC’s The Law Report recently devoted an episode to Industrial Manslaughter laws and the sentencing inquiry. The IM section of the …

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